Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4122 of 2019 Applicant :- Suresh Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey Counsel for Opposite Party :- G.A.,Rajiv Tiwari
Hon'ble Rajiv Gupta,J.
Sri Rajiv Tiwari, Advocate has filed vakalatnama on behalf of first informant, which is taken on record.
Heard learned counsel for applicant, learned counsel for the first informant, the learned AGA for the State and perused the record.
This application has been filed seeking prayer for bail on behalf of applicant- Suresh Babu, involved in Case Crime No. 577 of 2018, under Sections 420, 406, 379, 411 IPC, P.S. Gandhi Park, District- Aligarh.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant happens to be co-driver of the truck in question and no incriminating article has been recovered from the possession of the applicant and no specific role has been assigned to the applicant.
Per contra, learned AGA as well as learned counsel for the first informant have opposed the prayer for bail and has submitted that Rs. 2 lacs has been recovered from the possession of the applicant and it is alleged that the applicant had loaded paddy of 456 bags in truck in question for unloading the same at the firm Bhola Nath Oversees in Delhi, but he unloaded the same at the firm of Keshav Ram Ashok Kumar and he has cheated the informant by selling the same to the another firm of Keshav Ram Ashok Kumar, as such he duped the informant.
Keeping in view the gravity of the offence, severity of punishment and complicity of the applicant, in my opinion no case for bail is made out. The bail application is, accordingly, rejected.
Order Date :- 29.1.2019 KU